The Pokèmon franchise launched in the 1990’s and quickly became a wildly popular activity. Today, we see the new Pokèmon Go game rising to a similar level of fame and excitement.

If you are unfamiliar with the brand, Pokèmon began as a Nintendo handheld Gameboy video game. The original game and the new Pokèmon Go game are played with a series of cartoon character creatures, which the player must catch (“Gotta catch ’em all”). Pokèmon Go was released in July of 2016 and saw a huge surge of popularity with older millennials, who remember playing the original, and with pretty much everyone else who enjoys the augmented reality, location based, mobile version of the game.

Pokèmon Go, itself, is a mobile app from Niantic Labs, which can be played on cell phones. The player can see the virtual Pokèmon characters on their screens in real world locations, and is tasked with catching as many as possible by navigating their own natural environment. Players are able to catch more Pokèmon by traveling to as many locations as they can, frequently by bicycle or on foot.

To give you an idea of the stretch of the game’s popularity, Pokèmon Go has been downloaded by more people than Tinder has; and Tinder is among the most popular of dating apps.

There are some pros and cons to the contagion of the new Pokèmon Go game. On the pros side, we have a massive number of individuals getting up off the couch and away from their other screens to stretch their legs and exercise in the process of succeeding at this game. In a society that has grown increasingly sedentary with the advancements of technology, it is a breath of fresh air to see a game that encourages its players to get out and about. In the face of this great news, it may be hard to believe that there is a downside. However, on the opposite end of physical exercise, we have the negative effect of physical injuries. People are getting out and exercising with Pokèmon Go, but they aren’t necessarily watching where they’re going.

Thus, we have claims for personal injuries and wrongful deaths aimed at the gaming conglomerate creators of the app. Many are wondering how litigators will be able to demonstrate and prove their cases against the company and what evidence will be used.

Litigations against the Pokèmon Go app will necessitate the use of traditional and new wave expert witnesses. Traditional expert witnesses for personal injury claims will include doctors, human factors professionals, and accident reconstructionists. Yet, there is more to this sort of technology than traditional experts can account for. This means that litigation in Pokèmon Go claims will also require augmented reality experts, a new field with a different perspective on the analysis and strategy of these cases. Beyond this, we’ll see testimonies from experts in software development and computer graphics in Pokèmon Go trials.

Injuries Related to Pokèmon Go

Pokèmon Go is played by navigating real world locations with a smartphone screen that shows a camera view of those locations, with the Pokèmon creatures appearing in the screen as though they are actually there, as an augmented reality technology. Gamers are then able to obsessively collect the little monsters with their phones. Unfortunately, this also results in a plethora of accidental injuries and unusual accidents.

In one of these strange examples of Pokèmon Go related accidents, two men in Encitas, California were playing the game and managed to fall down a cliff. One man fell 50 feet, and the other fell 90 feet. Then, we have the case of a 15 year old who was mistaken for a burglar and shot by a homeowner, when the teen was attempting to access the property to catch a rare Pokèmon. Aside from careless accidents and trespassing, there have also been a number of accidents involving distracted drivers and pedestrians. The game is even being used by criminals to lure their victims into areas where they can be easily robbed. In one case, in Missouri, four armed robbers were using the game to determine when their victims would arrive in a particular isolated location, ideal for their crime.

The popularity and risks associated with the Pokèmon Go game have inspired many government officials to issue warnings to their city, state, and country citizens to be aware of the potential for careless accidents and crimes. Josh Earnest, spokesperson for the White House, expressed that game players should ‘not suspend common sense’ while they play. The Bosnian government has warned that players should be wary of landmines. On the more extreme end of precaution, some governments have banned the game, including Kuwait and Indonesia. Meanwhile, it is now illegal to play Pokèmon Go in Russian churches.

Legal Claims Against Pokèmon Go

When injuries and wrongful deaths occur, is it possible to take legal action against Pokèmon Go? If so, what sort of expert witnesses should testify? In order to prove a claim against the game for wrongful death or personal injury, it would be necessary to demonstrate that Niantic Labs owed a duty of care to the plaintiff or litigant and that they breached that duty, directly causing the injuries or losses. In a wrongful death claim, it would be necessary to provide evidence that negligence on the part of the company caused the death.

Then, there are those who aren’t playing the game, but have still had their lives impacted and disturbed by accidents that resulted from the Pokèmon characters being placed on their property. This opens the door to add to the typical definition of trespassing. Typically, one would have to physically enter someone’s property, without permission, to be trespassing; but it is entirely possible to argue that the game has virtually trespassed on private property.

There is also the tort of nuisance argument. This is an invasion of the reasonable use or enjoyment of personal property, without trespassing. For those who have not encountered physical trespassing, the tort of nuisance argument is another practical approach to litigation.

Here, we come to the question of how litigants could prove their claims against Pokèmon Go and Niantic Labs. Much like any other personal injury claim or wrongful death claim, expert witnesses will be a primary factor in the case. These expert witnesses can include medical professionals and accident reconstructionists as well as economic experts. These experts would be able to explain the injuries, losses, and facts of the case, in detail, shining light on where negligence may have occurred to cause the accident. The economic experts would then be able to establish the merit of the monetary compensation requested in relation to the long term impact of the injury on the financial life of the plaintiff.

Finally, there is another, newer set of experts who should be consulted on cases involving Pokèmon Go related injuries and losses. These are the technical experts, the experts in computerized software and design, virtual gaming, and augmented reality. These are very new fields for expert witnesses, and could be the deciding factors in such litigation. Because augmented reality games are new territory, it will be essential to have new technology experts available to educate the jury on the important and relevant technological factors of the case.

Niantic Lab’s Terms of Service and Arbitration Clause

Potential plaintiffs need to be aware of the terms of service on the Niantic Labs website and on the Pokèmon Go gaming app. These terms of service include a player agreement to be bound by an arbitration clause. The arbitration clause states an agreement to address any disputes or claims through a binding arbitration, rather than a trial in court. There are still some situations where claims can be taken to small claims court, though not in class action lawsuits, and only with certain exceptions to the arbitration clause.

All players do have the right to prevent copyright, trademark, and other intellectual property rights infringement through seeking injunctive relief. Further, players have the right to an Arbitration Opt-Out Notice to litigate other disputes. This means that the player must provide written notice to Niantic Labs within 30 days from the date that he or she accepted the terms, before pursuing litigation, to opt-out of the arbitration agreement.

It is important to understand how this affects the average player of Pokèmon Go. As long as you’ve been playing for less than one month (as is currently and temporarily the case for all players of this new game), you have the ability to opt-out of the arbitration clause. You can also request injunctive relief for intellectual property rights infringement and take legal actions to small claims court. Many are apprehensive about the arbitration clause, but it is good that the public is aware of it, now, while it is not yet too late to take action. Let one of our skilled product liability claim attorneys in Indianapolis help you with your claim.

Above all, Pokèmon Go players must recognize the importance of using common sense while playing the game and remaining aware of their own surroundings. There are many benefits of this augmented reality game, but there are negative consequences to be aware of, as well; and it is up to each player to avoid careless accidents and mistakes while playing.

It is a common practice for companies to do background checks on their employees. However, Uber has stood firm on their stance that their drivers are independent contractors, especially when lawsuits have arisen, claiming Uber was responsible forcar accidents in conjunction with the drivers. Some companies also conduct drug screenings, incorporating them into their background checks. If the ride-hailing company did not do background checks on their independent contractor drivers, there could be liability involved if a criminal committed a crime while on the Uber clock.

What Does a Background Check Entail?

Any company has the right to decide what they consider part of their professional background check for potential employees and independent contractors. Some companies elect to check only the criminal background of potential employees. Other companies conduct full background investigations, including credit checks and even checking social media platforms for inappropriate posts. You may remember many years ago, when job applicants were being warned about being conscious of what they posted to their Facebook and Twitter accounts, because companies were starting to analyze the social media accounts of potential employees.

Essentially, companies do not want to take on the responsibility of hiring someone who is not a perfect fit for their company, or, worse yet, someone who may pose a threat to the livelihood of their company. Not only is it difficult to get rid of an employee that is not a good fit, there is also too much liability involved when a company hires the wrong person. Because Uber considers their drivers “independent contractors,” and considers the company a link between drivers and people who need rides, they can hire and fire drivers without notice, but that did not stop these drivers from filing a lawsuit against the company.

Uber & Lawsuits

From car accident lawsuits to pedestrian lawsuits to class action lawsuits, Uber is not a stranger to lawsuits. The company does not like to admit fault in any allegations against it, however, therefore, the current settlement agreement is a bit surprising, considering how steadfast Uber stands on the words “not guilty” or “not responsible.” Even when Uber has agreed to a settlement over litigation, they have continued to maintain their innocence in the matters.

In April, Uber agreed to pay a separate class action lawsuit up to $100,000. The class action included drivers who believed that they were employees of the company and entitled to benefits. Although an Uber spokesperson declined to comment, Uber has disputed that anyone driving for them is, indeed, an independent contractor, not an employee.

In 2014, Uber was sued by the family of a six-year-old girl who was killed by an Uber driver as she crossed the road. As usual, Uber denied any responsibility in the accident, claiming although the driver was available to provide rides and was logged into the Uber app, Uber had nothing to do with the accident. How the app contributed to distracted driving was brought up in the lawsuit, but Uber still denied any liability, despite settling with the family. The details of the settlement were kept confidential.

Another pedestrian, Erin Sauchelli, who was walking the streets of Manhattan, was also hit and seriously injured by an Uber driver. Unfortunately, Sauchelli’s boyfriend, Welsey Mensing, was not as fortunate as Sauchelli, as he lost his life when he was struck by the Uber driver, Aliou Diallo, who was on his way to pick up an Uber rider. The lawsuit Sauchelli filed against Uber claimed that the app used by Uber drivers causes driver distraction and is in violation of the New York State hands-free law.

To make some extra money on top of their rates, Uber charged “airport fees.” However, surprisingly, Uber never paid any fees to any airports or port authorities. A class action put a stop to Uber servicing airports unless the company has permission from the port authority. Additionally, Uber paid out $1.8 million in the settlement due to the unpaid “airport fees” they charged.

The Background Check Lawsuit

Thebackground check lawsuit was initiated in the San Francisco federal court, alleging that Uber obtained drivers’ consumer background reports without authorization and then terminated them. Lawyers representing plaintiffs in the background check lawsuit filed a memorandum of understanding with the court. In the meantime, they were in the process of drafting a formal settlement. The lawyers did express concerns that the $100 million settlement for the drivers who felt they were entitled to benefits would affect the background check lawsuit settlement, however.

Background Check Lawsuit Settles for Up to $25 Million

Uber has claimed that their background checks were the “gold standard” in the industry, but has stopped saying this earlier this year. The cities of San Francisco and Los Angeles dispute this statement, noting that taxi companies use a system that requires fingerprints, which ensures that the personal identification drivers provide to Uber are truly theirs. The settlement requires Uber to agree not to use specific language pertaining to its services, including asserting they offer the “safest ride on the road.”

A 62-page document called out 25 different instances wherein the background checks that Uber used failed to recognize convicted felons, misdemeanor charges, and citations. Uber let criminals slip through the cracks, putting their riders’ safety at risk. One of the drivers Uber employed the services of was convicted of second-degree murder in 1982 and spent 26 years in prison. When the driver was released in 2008, he applied to be a driver for Uber and provided transportation to over 1,100 Uber riders. Another driver who provided over 5,600 rides through the Uber app was convicted for felony charges pertaining to lewd acts with children and another driver was convicted of identity theft and burglary.

The settlement for Uber background checks has offered Uber a decent deal, with $25 million in penalties that requires the first $10 million to be paid within two months. If Uber complies with all of the terms within the lawsuit and settlement, the other $15 million may be waived. It would make sense for Uber to start taking responsibility and following all laws and guidelines to ensure no more lawsuits are filed against the company.

If you have been in an Uber accident in Indianapolis and are considering taking on the shyster rideshare giant in a lawsuit, you will need an experienced and aggressiveIndianapolis car accident lawyer. The law offices of Rowe & Hamilton are prepared to take on Uber with all our might. Call our offices for a free consultation today.

Think about some of the recent stories you have heard on the news in which someone has lost their life in a tragic event. Now, think about the lives that were lost at the fault of someone else. When awrongful death lawsuit is brought against an individual, an entity, a business, a government agency, or several organizations, it seems fair to say that the jury should be left to determine how much that life was worth, based on the evidence presented in court. After all, that is the main reason for the lawsuit – to determine how much that life (or those lives) is worth and to compensate the plaintiff for that life.

Each state has its own legislation for caps on damages for different types of cases, whether wrongful death or injury. Some states do not apply any caps for damages, while other states have imposed caps to only specific types of cases, such as medical malpractice lawsuits. Also, certain types of damages can be capped, such as non-economic damages like pain and suffering.

Indiana Caps Wrongful Death Awards for Those With No Dependents

You may be surprised to find out that Indiana caps wrongful death awards when they pertain to the “loss of the adult person’s love and companionship.” This cap on damages only applies to those who are not survived by a spouse or a child. Which brings up the question: why is a life worth so much less, just because no dependents exist?

Under this law, even if a jury were to award a wrongful death plaintiff $200 million in damages, the court is instructed to reduce that amount to theIndiana cap amount and the defendant would only have to pay out $300,000. (The law states that a jury cannot be told that the legal limit of damages in these types of cases is only $300,000.) Do the state representatives of Indiana truly believe that the maximum amount a human life is worth is only $300,000? Would state representatives feel that way if they lost one of their loved ones due to someone else’s negligence? It is quite doubtful that they would feel the same if they lost someone they were close to, like a brother or sister.

Let’s look at what $300,000 stands for: Kendall Jenner earned $300,000 for asingle Instagram post, celebrity marketing at its best. Ashton Kutcher earned more thantwice that amount per episode of Two and a Half Men back in 2011. To make things more real for us average people who do not get to enjoy the riches of celebrity life: If the average American makes just under $50,000 per year, $300,000 only covers six years of income for the person who lost their life. How does $300,000 seem anywhere near fair compensation for an entire human life in today’s economy?

Those With Dependents Is a Different Story

On the other hand, a wrongful death lawsuit for someone who is survived by a spouse or a child has absolutely no cap for damages awarded. These awards can essentially be unlimited, based on the expected salary the person would have incurred over the rest of their life, loss of their love and affection, and other pertinent factors. Often, damages for these types of cases will reach into millions of dollars.

What Is the Difference?

To brothers, sisters, mothers, fathers, and anyone else who has lost their loved one, who remains unmarried and childless, the loss is no less. Do you happen to know anyone who is not married? Someone who never did have kids? That person is supposedly worth only $300,000 if they happen to lose their life due to someone else’s negligence, just because they did not get married and they have not had any kids.

Marriage & Kids Are Put Off Nowadays

Consider this for a moment: People are not as quick to jump into a marriage and having children nowadays. Both women and men tend to focus on their careers before even thinking about getting married and having children. This law means that a woman’s fiancée is worth less than he would have been worth if he had married her. How sad would it be if a man were to lose his life in a wrongful death situation just weeks before their wedding day?

Protecting Corporations and Insurance Companies

Why would legislators believe that a single person was worth any less than a married person or someone with kids? Normally, when any cap is imposed in legislation, that cap is there to protect businesses, corporations, and insurance companies or other entities. One can only assume that this law was made to ensure that the compensation in which businesses, corporations, and insurance companies might pay out for wrongful death lawsuits is limited in some form to protect them.

Travel to the Next State

Even crazier is the fact that neighboring states, Illinois and Michigan, do not impose caps on wrongful death cases like Indiana has. Simply living on the other side of the state border increases the value of a life tremendously, almost infinitely. Certainly, if the people of Indiana understood how this law would cap damages for wrongful death cases in Indiana, they would have rallied against the legislation before it was passed.

What About Same-Sex Unions?

Another issue that has been brought up is whether same-sex unions in Indiana qualify as marriage, according to law, in regard to the Indiana wrongful death lawsuit legislation. Alisha Brennon, a plaintiff in a wrongful death case that stemmed from astage collapse, wants to know what Indiana has to say about the issue, as she lost her partner due to the tragic event. While Indiana law would cap Brennon’s loss at $300,000, again, crossing the border to a neighboring state would completely eliminate the questions at hand.

As you can see, Indiana has some laws in place that most people would not be aware of until they actually went to court to pursue a lawsuit. When you have an experienced and knowledgeable Indiana personal injury lawyer or a skilledIndiana wrongful death attorney by your side, you will be prepared for these issue ahead of time. The law offices of Rowe & Hamilton are ready to help you win your case.

When the warm weather kicks in, the kids love to go outside and play. It used to be that all of the neighborhood kids would enjoy riding their bicycles around the neighborhood. Now, kids are enjoying a faster type of thrill – they love to be able to ride their recreational vehicles, such as ATVs, around their neighborhoods, feeling that dead air breeze through their hair on a hot and sunny day. Unfortunately, this play comes with consequences if all safety precautions are not followed.

Car Collides with ATV on West Side of Indianapolis

It was a sad day on the 6th of July when a young boy and a teenager were rushed to the hospital after anATV accident that happened on the west side of Indianapolis. A press release distributed by the Indiana Department of Natural Resources stated that while 17-year-old Justin Bishop drove the ATV, he allowed his five-year-old cousin, Brayson Matney, to ride on the handlebars of the recreational vehicle. Bishop proceeded to ignore and fly through a stop sign at Bradbury Avenue and Lyons Avenue with the young boy on the handlebars, right into oncoming traffic. Both of the kids were thrown from the ATV when an SUV traveling on the road was unable to avoid acollision with the ATV.

Safety Concerns with Recreational Vehicles

While the act of riding with a young child on the handlebars and blasting through a stop sign onto a road were both safety no-nos, there were other safety issues present, as well. Safety precautions could have easily reduced or/and prevented the seriousness of the injuries. For example, neither of the kids were wearing safety helmets while riding the ATV. Both of the boys are truly lucky to be alive.

Neighbor Fears

In this neighborhood, many of the kids enjoy riding their ATVs around, but this has caused a stir amongst neighbors. A neighbor in the area, Lucynda Russell, mentioned that she has been afraid for a while now that someone would hit a child riding an ATV. “Any time you come down any of the main streets, you have to stop and wait to see if there are any kids coming out of the alley or if they’re going to turn onto this side street out here,” said Russell. “I’ve come close to nailing them and I know a lot of other neighbors have too.”

Michael Shaffner, another neighbor, who lives right down the street from Russell, near where the accident happened, does not allow his children to ride ATVs. He also does not allow them to ride scooters around the neighborhood. He said that this accident was a good reminder of why he stood firm on his rules with his own kids. “I’m going to set my kids down and talk to them,” said Shaffner. “And then once they see it on the news, maybe they’ll say, ‘Quit buggin Dad. Dad’s right.’”

Indiana Law About ATVs

According to Indiana law, ATV’s are not allowed on public roads, however some counties are making amendments to this state law. For example,Clark County has decided that all-terrain vehicles can be driven on the public roads of the county. County officials explained the reasoning for this change was due to the fact that people were already using their ATVs on public roads in the county, running errands, working in the fields and traveling from field to field, or simply meeting up with friends.

ATVs in the rural areas of Clark County are a way of life, and county officials believed that changing the law would make it safer for everyone on the roads, because it would bring a true awareness of the ATV riders and require motorists to share the road. “Well you know, we’ve got it already,” Sheriff Danny Rodden said. “We’ve got them out there already — kids especially — doing stupid things on county roads, and we are trying to control it. We have lots of concerns. I have lots of safety concerns.” One of the requirements Rodden would like to add is safety helmets, however, the state law does not allow that for adults.

On the Contrary

On the other end of the argument is IMPD’s Sergeant Matt Morgan, who stands firmly behind the Indiana law. “They don’t need to be on the streets,” said Morgan. “They don’t need to be in the alleys. Fields and trails and everything else are where these are for and of course helmets are always preferred.” He told the media that the police station is still investigating whether or not they should bring charges against the boys or the parents of the boys involved in the ATV collision as the crash continues to be investigated.

How Are the Boys and the SUV Driver?

Emergency medical responders transported both five-year-old Brayson Matney and 17-year-old Justin Bishop to Riley Hospital for Children at IU Health. Last reports that came in to the media stated that the five-year-old was listed in critical condition and also exhibited a broken femur. Not much has been said about the driver of the SUV except that he was not injured and police said that there were not going to be any charges brought against the driver for the accident.

Need Help?

As the people who were close to this accident said, the two boys involved in the accident were lucky to be alive. If the driver of the SUV had been injured or killed, who would have been found at fault? The underaged boys or the parents of the boys, who were probably clueless that they were not riding the ATV safely.

While this is a whole different kind of automobile accident, when incidents like this happen, auto on recreational vehicle, it is nice to have an experiencedIndianapolis car accident attorney to lean on. The state laws of Indiana are in place to protect everyone, regardless of how safe or unsafe people choose to act. However, not everyone follows the law, and when that happens, people are put in dangerous situations where there is potential for injury or death.

One state is taking a new step to combat the texting while driving epidemic, which has been the cause of thousands of unnecessary and ultimately avoidablecar accidents across America. Although texting while driving has been banned by 45 states and the District of Columbia, and Oklahoma recently enacted a bill to ban it, and the fact that tactics – such as public service campaigns, which convey the message about how dangerous it is – have been implemented, drivers still continue to take the chance of putting lives at risk. TheNew York Times reports that the state of New York is attempting a new way of dealing with this prevalent and dangerous behavior behind the wheel called a Textalyzer.

Who Is Driving When Cellphones Are in Use?

While we hear the term “texting while driving” often, there are various behaviors that can be lumped into this category of dangerous driver behaviors. People are not only texting on their cell phones while they are mitigating the roadways. According to the New York Times, Braun Research andAT&T conducted a survey in which motorists confessed that they are also using apps like Facebook, Twitter, and Snapchat, as well as snapping selfies of themselves and shooting videos while they are behind the wheel.

The survey was conducted by telephone by Braun Research and polled 2,067 drivers who own smartphones. Results revealed that 27 percent of drivers confessed to using Facebook while driving. 14 percent of motorists also admitted to using Twitter in the driver’s seat. A startling revelation: 30 percent of the people who confessed to posting to Twitter while driving disclosed that they did it “all the time.” One in 10 drivers divulged that they participate in video chatting while driving, 17 percent take selfies, 33 percent email, more than 10 percent use Instagram and Snapchat, and 28 percent surf the web.

These statistics do not seem to be decreasing or getting any better, despite efforts to campaign against the behaviors. While the percentage of accident increase is lower than 10 percent each year, texting while driving – otherwise known as distracted driving – accidents have increased each year, demonstrating that the epidemic is getting more serious and more dangerous. This leads us to one question: Why?

Many have assumptions, guesses, and possible reasoning why, despite the efforts to educate drivers about the dangers, texting while driving accidents are growing in numbers. In the AT&T survey, people admitted that they were addicted to their social media habits and evidence suggests that social media and cell phone use is habit-forming. In addition, drivers tend to overestimate their ability to multitask while they are behind the wheel.

Public Service Message from AT&T

The cell phone service company, AT&T, has been an avid promoter of safe driving regarding cell phones, having invested heavily in campaigns to discourage distracted driving. One of AT&T’s campaigns that you might be familiar with is the “It Can Wait” initiative. The company also plans to expand the message to discourage not just texting while driving, but also using social media and other smartphone usage while navigating the roadways.

However, these campaigns cannot be relied on completely to diminish the risky behaviors of drivers today. In addition to educating drivers, lawmakers need to step in and enforce the laws with tough consequences. New York is the first state to take a step in the right direction in the war against distracted drivers on their cell phones.

Textalyzer – Proving Drivers Were Texting While Driving

Although technology is the main culprit behind the problem of texting while driving, technology might also provide a solution. The digital device New York lawmakers are proposing to provide to police officers was referred to by the New York Times as “the digital equivalent of the Breathalyzer.” It would be conducted on the roadside, at the scene of a crash.

Here is how it would work: When the officer arrives at the scene of the car accident, he or she would ask all of the drivers involved for their cell phones. The officer would then use the Textalyzer to tap into the cell phones’ operating systems and find out if any recent activity had occurred. If a driver fails to hand their phone over to the officer, their license could be automatically suspended, just like the consequence for refusing to participate in the Breathalyzer test.

New York has a hands-free law, which means that drivers are prohibited from holding their cell phones up to their ears. In addition, hands-free laws forbid drivers texting, using email, Facebook, Twitter, Snapchat, or anything else that could distract their driving. The Textalyzer could quickly and easily determine whether a driver broke these laws and help to resolve who was at fault for the accident. Hopefully, Indiana starts to consider this new technology, as well.

Textalyzer Still Facing Hurdles

Unfortunately, the Textalyzer, although it would be an excellent tool for reducing texting and using social media while driving, is still facing hurdles in the legislation arena. Privacy concerns have been brought up, despite the fact that the Textalyzer would not provide the contents of texts or emails on the cell phones, but rather, just the activity and times the cell phone was used. New York is hoping to be the first state to implement the Textalyzer, just as it was the first state to start the hands-free driving law, and hopefully the rest of the states, including Indiana, follow suit.

Similar to how drunk driving laws and consequences have gotten tougher, reducing the incidences, the repercussions and laws for texting while driving must get more vigorous. The Textalyzer, if and when legislation is passed, could be the key to making drivers more aware of their actions. It could also be the ticket to decreasing the unfortunate and unnecessary distracted driving car accident statistics.

Distracted driving is careless and it is a conscious decision that people make, despite knowing how dangerous it can be. If you or someone you love has been injured because of a distracted driver, you need to reach out to anIndianapolis car accident attorney who can help you secure the compensation that is owed to you for all of your pain and suffering. Contact the law offices of Rowe & Hamilton today for a free consultation.

When you sign the papers at a nursing home to register a loved one in a nursing home, the last thing you expect is for them to be abused, neglected, or exploited. This is especially true when the nursing home is a well-known and skilled rehabilitation facility. Unfortunately,exploitation of nursing home residents is a real issue in our country, and it has been a serious issue of concern for the state of Indiana, as well.

Indiana Nursing Home Under Investigation

Just over a year ago, The Waters of Scottsburg, a facility that serves nearly 90 residents who require daily care, wasunder investigation due to nude photos surfacing of one of its residents. The facility released an official statement that said: “We immediately notified all proper authorities, conducted an internal investigation, and have taken other appropriate action.” Sadly enough, this probably did not make the family of the resident feel any better about what took place.

What happened was quite simple: nude photos of a resident were allegedly found on social media. However, there is not a simple explanation for this type of exploitation. What type of person could possibly take nude photos of a vulnerable elderly person and then post them on social media? According to the news station, as many as three employees of The Waters of Scottsburg were part of the investigation that was being handled by the Indiana Department of Health and the Scottsburg police department.

The Waters of Scottsburg said that the three nursing assistants were suspended. Since that incident, no new news has surfaced on the issue, despite the fact that the case was turned over to local prosecutors, who were in charge of making any decisions regarding any possible criminal charges. In a similarsickening story, a certified nursing assistant (CNA) who worked at Asperion Care in Michigan City was criminally charged for posting a video of an elderly resident in the shower on Snapchat.

Snapchat Elderly Voyeurism

The CNA involved is not worth the mentioning of her name, and due to patient privacy, the patient’s name has been withheld from the news. The court documents stated that the video showed the 85-year-old victim naked in the shower while the CNA sprayed her with water. The CNA’s voice could be heard in the video saying, “look at this crazy…she doesn’t like taking showers.” The resident was a dementia patient who certainly deserved at least her dignity to be protected while in the care of a professional caretaker. When the CNA was confronted about the video, she told her supervisor that she “accidentally” posted the video on Snapchat and she only meant to snap a photo of the elderly patient’s face.

As the investigation continued, more evidence indicated that the CNA was not telling the truth. A screenshot of the video was procured by someone who showed it to supervisors of Asperion Care. The court record denotes that the screenshot included the elderly patient sitting naked on a chair in the shower, completely exposed, with a caption that basically said “She hates showers,” when we remove the unnecessary wording that was used.

The CNA was fully aware of the patient privacy policy and code of conduct at Asperion Care, which is outlined in its employee handbook. In fact, Asperion proved that the CNA signed off that she had received a copy of the employee handbook. In the handbook, it clearly states:

“Each facility resident and employee should be free of any fear that he or she will be photographed or videotaped, or have his or her voice recorded, copied or transmitted improperly. Therefore, employees are prohibited from possessing or using, or assisting another person to possess or use a recording device while on the premises of the facility or while working for the facility.”

Another Recent Story of Disgust

As if the last two stories were not enough to let people know that this type of behavior is not acceptable and will be prosecuted, another news story popped up in Wisconsin just recently. Eau Claire police have charged two certified nursing assistants with felony counts for sharing a naked photo of another dementia patient, as well. One of the CNAs is charged with capturing and distributing a nude representation without consent and the other CAN is charged as a party to the crime.

According to the criminal complaint, both of the CNAs were working the night shift when they noticed that a male patient had fallen in the hallway. He was on the floor, his pants were down, and he was exposed. One of the CNAs decided at that moment to snap a photo of the dementia patient and shared it on social media. According to a witness, both of the CNAs found the scenario of the poor elderly man on the floor “hilarious.” The same witness says that one of the CNAs snapped a photo and sent it through Snapchat to her boyfriend.

While a forensic examination did not turn up the photograph, however a text message between the two defendants did confirm that the incident occurred. Both of the CNAs were fired by Azura Memory Care and face criminal charges, facing up to 3 ½ years in prison each and up to a $10,000 fine.

Betraying Patients

You do not have to be a certified nursing assistant to realize that these incidents are inappropriate and disgusting. CNAs are supposed to be an elderly patient’s advocate and caretaker, not the person who degrades and disgraces them. These three incidents are clear depictions of betraying the trust of patients. Anyone who works in a nursing home should ensure that they are doing everything they can to protect their patient’s rights, their dignity, and their privacy.

If a loved one has been exploited, neglected, or abused in an Indianapolis nursing home, you need to contact an dedicatedIndianapolis nursing home attorney today to discuss your options. This type of behavior is not appropriate and someone needs to be held accountable for the embarrassment and emotional distress this has caused everyone involved.Contact us today online or call us for a free consultation.

According to anIndyStar investigation, thousands of elderly people are exposed to traumatic and often deadly neglect and abuse. The Indiana agency, Adult Protective Services, is responsible for ensuring that these vulnerable citizens are properly taken care of. Unfortunately, investigators from APS are overwhelmed, regardless of how good their intentions may be, and more and more seniors are falling prey to financial exploitation.

Adult Protective Service Comparisons by State

When IndyStar conducted an investigation to find out how Indiana’s Adult Protective Services was performing in comparison to other adult protective agencies across the country, they found that Indiana was coming up short. For starters, Indiana APS has up to 20 days to initiate an investigation after a report comes in. Illinois requires this to happen within seven days, while Ohio requires investigations to be launched within three days. In Michigan, reports must be investigated within one day.

Another problem that Indiana faces is the lack of an adequate amount of investigators to handle reports. When comparing states with approximately the same amount of residents, IndyStar found that Indiana maintained an extremely low amount of full-time investigators. The lower the amount of investigators, the less cases can be handled in a timely manner.

Full-time investigators per state:

Indiana – 30

Arizona – 124

Tennessee – 90

Washington – 175

APS Budgeting Constraints

When funds are inadequate, agencies and services will not function as smoothly and as competently as when they receive suitable funding. Indiana seems to also be lacking in this section of the investigation, as well, only receiving a budget of $3.26 million. While this may seem like an enormous amount of money, in comparison, it is embarrassingly low. In fact, the animal control in Indianapolis is provided 42.6 percent more funding than APS receives to protect the elderly and endangered adults of the entire state of Indiana.

Other state APS budgets:

Massachusetts – $20.1 million

Washington – $13.6 million

Tennessee – $8 million

The Cost of Under-Budgeting

The Indiana Family and Social Services Administration is the agency in charge of funding APS. APS officials admitted to IndyStar that there is not enough time to visit every home for every complaint or maintain proper records. To make matters worse, they also confessed that victims of senior abuse and neglect are sometimes left in precarious situations due to lack of funding for relocation.

It Will Only Get Worse

APS officials also divulged to IndyStar that there are still open financial exploitation cases from up to seven years ago. Investigators do not have time to spend on pursuing these horrific cases, let alone criminal charges against the people taking advantage of the elderly. According to the executive director of Indiana APS, the problem is getting worse, with a 33 percent increase of financial exploitation cases alone in the past decade.

Bank Robberies vs. Financial Exploitation Cases

In Indiana in the year 2010, there were 1,277 cases of financial exploitation of seniors, in comparison to a mere 110 cases of bank robberies. In that year, financial exploitation losses added up to $38 million, while bank robberies resulted in $1 million in losses. Research conducted by the National Protective Services Association indicates that 10 percent of financially exploited seniors end up depending on government assistance programs, such as public assistance and Medicaid.

Unreported Cases

Research estimates that merely one in 44 cases of financial exploitation of seniors are reported to authorities. Some of the victims of financial exploitations cases are too proud or ashamed to report what happened to them, while others are unable to report the crimes because their disabilities deem them unable to speak up for themselves. Many have a difficult time understanding why someone whom they trusted would hurt and take advantage of them.

Trust Issues

Inone case of financial exploitation that occurred in 2010, a Bank of America fraud analyst reported suspicious credit card activity on a new Chase account that went from zero to $19,175.20 in just one month on tattoos and body piercings, furniture rentals, a 60-inch television, and a racing vehicle. Before reporting the activity on the account, he attempted to call the caregiver of the elderly woman, who was authorized as a user on the account. The caregiver, Julie Lagos, gave the analyst a fake address.

The analyst also tried to call the cardholder, the elderly woman, about the recent purchases on the account. While the elderly woman did not seem to know anything about the purchases on the account, she was steadfast about keeping Lagos on the account. She began crying during the conversation and told the analyst not to call again.

When the APS investigator went to the home of the 80-year-old woman the next day, the elderly woman would not open the door. She kept the chain lock attached and merely cracked the door open. When the APS investigator flashed her ID and badge, the woman told her, “You’ll have to talk to Julie,” and closed the door. The APS investigator knocked on the door again, but the elderly woman would not answer this time.

Preventing Financial Exploitation of Seniors

Sadly, the seniors who are financially exploited are being taken advantage of by scammers whom they have come to trust. This is yet another reason why they do not report these incidents. Teaching people who are vulnerable or older how to recognize the signs of scams and pinpoint behaviors of scammers is vital to protect our seniors and prevent financial exploitation.

Retirement and pension accounts have become less popular, which means that most seniors depend on their financial resources to survive. Many have saved up money for decades, some do not trust banks, and others rely on credit cards to pay their monthly bills. In most cases, the elderly person provides their caretaker with authorization to manage their financial accounts, leaving them vulnerable to being exploited.

If your loved one has been financially exploited, you need anexperienced Indianapolis senior abuse and neglect attorney who will fight for restitution and help further protect the vulnerable seniors in our society. Contact the law firm of Rowe & Hamilton to discuss the details of your case today.

On US 31 in Jackson County, near County Road 500 South, a three-year-old girl was tragicallykilled in a car crash around 12:40 p.m. The Indiana State Police trooper who checked out the scene of thecar accident said that Brent Sawyer, 21, was driving his Jeep Liberty southbound on US 31. It is not clear how Sawyer lost control of his Jeep Liberty and crossed into the northbound lane which Devin Bevers, 30, was driving his 2003 Ford Windstar in.

The Jeep Liberty and Ford Windstar collided head-on. Although Tavaya Bevers, age three, was properly restrained in a child seat in the back seat of the Bevers’ van at the time of the collision, she sustained fatal injuries and was transported to a nearby hospital. Tragically, little three-year-old Tavaya Bevers died from her injuries at the hospital.

Amish Buggy Accident

Recently, 21-year-old Michael Lapp of Modoc was driving anAmish buggy northbound on US 35, near Newman Road, around 9:30 p.m. with no lights on. Driving behind the Amish buggy in a vehicle was 44-year-old Martin Lawson. Investigators at the scene say that Lawson knocked the buggy into the southbound lane of US 35 when he was unable to stop his vehicle.

What happened next did most of the damage to the buggy and killed the passenger of the buggy, Jonas Beiler, of Economy. The Amish buggy was sideswiped by the car Norman Zile, 51, of Middletown, was driving, hurling Beiler onto the road. Then, another car, driven by Bailey Wilkison of Mooreland, struck Beiler, who was pronounced dead at the scene. Everyone else involved survived, including the horse that was pulling the buggy.

Who Is to Blame?

When a tragic car accident occurs, it is often surrounded with emotions that most of us cannot imagine. It truly does not matter whether the person is a young child, a teenager, or an elderly person – the feelings of loss are one and the same. One question is often in the forefront of these situations: Who is to blame? In both of these tragic accidents, the news did not report who was found to be at fault.

No Fault vs. Fault

In car accidents, when there is injury or death involved, someone has to be held accountable. Some states are considered “fault,” while others are considered “no fault” insurance states. Indiana falls into the “fault” category, which gives drivers more leeway in pursuing compensation for damages when a car accident happens. In Indiana, if you are in a car accident, and you are injured, you can pursue a claim against the other insurance company, or if they are not insured, under your own policy under the uninsured coverage. You also can utilize medical payments coverage under your policy to help with medical bills. If you are more than 50% at fault in Indiana, you are barred from any recovery other than your medical payments coverage.

In a “no-fault” state, drivers who have been injured, or are seeking compensation for damages to their vehicle, are expected to file insurance claims with their own insurance companies. This means that there is generally no blaming or finger pointing in car accidents that occur in Indiana. This also means that suing another driver in a “no-fault” state is much more difficult.

Most people do not realize the many ways their life will change after being in a serious car accident until after it happens. If you are injured and have to go to the hospital, and thereafter attend doctors’ appointments, as well as take time off from work, the costs can start cutting into your ability to pay the bills. Serious injuries could require weeks or even months of lost wages.

Dealing with the insurance agency can become tedious and frustrating, especially if your medical bills amount to higher than your insurance company will pay out. Many people elect to carry the minimum requirements for Indiana insurance, which allows $25,000 for person injury. Medical costs can add up and absorb that $25,000 quickly, especially if any specialist office visits are necessary, such as a chiropractor. It is important to have both uninsured and sufficient underinsured coverage to cover the contingency of no insurance or low limits of the other driver.

Personal Injury vs. Wrongful Death

The definition of personal injury is “physical injury inflicted on a person’s body, as opposed to property or reputation.” When you are in a car accident and suffer personal injury, whether a neck injury or broken ribs or a concussion, your injuries are normally covered by the auto insurance agency. Damages can include medical bills, lost wages, pain and suffering and how the injuries effect your ability to function as a whole person.

Wrongful death claims can be pursued against an auto or trucking insurance company, however there are some legal loopholes and requirements that emphasize the need for an experienced attorney. You must prove that the other person or company was negligent and caused the death of someone.

Get an Attorney Quickly

Although the shock of losing a loved one can take time to heal, wrongful death lawsuits need to be pursued in a timely manner. Indiana’s statute of limitations requires that wrongful death lawsuits are filed within two years of the death. If the lawsuit is not filed within two years of the death, survivors of the deceased loved one may lose the chance to pursue compensation for funeral and burial expenses, medical and hospital expenses, loss of love and affection, lost wages and any benefits the deceased loved one would have earned had they survived the accident, and the court costs incurred for the lawsuit.

In order to win a wrongful death lawsuit, you will need to be prepared to bring a substantial amount of evidence to the courtroom. Unlike whiplash or even broken rib claims that you can deal with on your own with the insurance agency, wrongful death claims necessitate an accomplishedIndiana wrongful death attorney who has a significant amount of experience in fatal car accident cases. The sooner you contact the law offices of Rowe & Hamilton, the better for your case. We handle wrongful death lawsuits as quickly and efficiently as possible.

Uber is one of the most well-known transportation network companies around the world. The company has expanded to over 60 countries, and the estimated value of the company has skyrocketed to more than $62.5 billion. Uber developed and now markets and operates a mobile app in which consumers can submit a trip request, similar to a taxi cab app, on their smartphones. Uber drivers also have the app, in which they receive ride requests from consumers that they can choose to pick up and transport with their own vehicles.

Despite its success, Uber has generated opposition and controversy due to its involvement in numerous legal proceedings, now including awrongful death lawsuit. The general issue, up until this lawsuit, has been whether or not Uber contracted drivers are independent contractors or employees. More importantly, though, Uber has been challenged in their answer to the question of liability when an accident occurs and an Uber driver is involved, but not transporting a passenger.

Fatal Accident Introduces Another Question

Sophia Liu, a six-year-old little girl, died after a confirmed Uber-contracted driver of an SUV struck her in a San Francisco crosswalk on New Year’s Eve. Uber, however, has stood firm in denying any responsibility for the girl’s death,stating that, “this driver in question was not providing services on the Uber system during the time of the accident.” The loophole in this situation is that Uber’s insurance does not cover drivers when they are not transporting passengers, even if they are driving to pick up the next passenger.

Does Uber hold any of the responsibility in this type of situation? And, if so, how much responsibility is Uber held to? The answers to these questions will most likely be determined by the courts.

The Accident & Injuries

Just before 8:00 p.m., at Polk and Ellis in San Francisco’s Tenderloin district on New Year’s Eve, Sophia and her brother were crossing the street with their mother. At that same moment, SUV driver and confirmed Uber contractor, Syed Muzzafar, did not yield to the pedestrians who had the green light as he turned right into the crosswalk and struck the mother and her children. All three were transported to San Francisco General Hospital, where Sophia died, her mother was listed in critical condition with life threatening injuries, and her brother was expected to survive.

Wrongful Death Lawsuit

At the time of the tragic accident, the Muzzafar was logged into the Uber X app and available to provide rides to potential passengers. The wrongful death lawsuit asserted that Uber was liable for the little girl’s death, not because Muzzafar was logged into the Uber app and available to provide rides to potential passengers, but rather because of the defective and distractive software design of the Uber app. The plaintiffs asserted a novel cause of action, arguing that Uber’s technology distracted drivers, because it required drivers to look at the screen, as well as use their text messaging and cell phone. The Liu family argued that Uber’s technology violated numerous vehicle codes which were implemented to protect people from injury and death due to distracted driving.

The question of whether or not Uber was liable for the death of Sophia Liu and her mother and brother’s injuries and pain and suffering should have come to light in a courtroom under thewrongful death lawsuit filed by the family of Sophia Liu on January 27,2014. However, the lawsuit (Ang Jiang Liu, et al. v. Uber Technologies, Inc., San Francisco County Superior Court Case No. CGC-14-536979) was settled out of court, so we will never know what the court would have decided, and the family has requested the outcome of the settlement be kept hush. The complaint sought damages for not only the wrongful death of Sophia Liu, but also the injuries sustained by the little girl’s brother and mother, emotional distress, loss of consortium, and punitive damages.

The Uber Argument

As it has in all accusations and complaints against the company, Uber has denied any liability in the death of Sophia Liu and the injuries that her mother and brother sustained. Uber’s Terms of Service were conveniently crafted to absolve Uber of any and all liability for accidents that are caused by Uber contracted drivers. While the courts did not get the opportunity to issue an answer on the Sophia Liu case, it will be interesting to see how Uber’s electronic Terms of Service waiver of liability holds up in future cases.

The statement Uber posted on their blog ended with an update that stated: “We thank law enforcement for the quick release of information. We can confirm that the driver in question was a partner of Uber and that we have deactivated his Uber account. The driver was not providing services on the Uber system during the time of the accident. We again extend our deepest condolences to the family and victims of this tragic accident.” The implication that Uber was not liable for the New Year’s Eve accident, due to the fact that the driver was not providing services at the time, is clear in their statement.

Insurance Claims

The Liu family also alleged in their lawsuit that Uber advised them to file a claim with Muzzafar’s insurance company to receive compensation for their injuries and medical bills. However, interestingly enough, his insurance company denied the claim. The insurance company stated that the policy that Muzzafar was carrying specifically stated that driving for profit was excluded from coverage. This contradicts Uber’s claim that they require drivers to purchase their own commercial auto insurance, as well as provides an additional $1 million over the driver’s insurance coverage.A lawsuit against Uber is an uphill battle, considering the loopholes that the company has tried to slip through. If you have been injured in an accident involving an Uber driver in Indiana, you are going to need an aggressive Indiana auto accident lawyer who will fight for the compensation you deserve. Call the law offices of Rowe & Hamilton to discuss the details of your case.

When you think aboutproduct liability and defective product lawsuits, the mind usually conjures images of items such as children’s toys, vehicles and auto parts, and even breast implants. Rarely would anyone immediately think about corn – yes, the kind that farmers grow – in a product liability or defective product lawsuit. However, the world’s second leading agriculture company (underneath American owned Monsanto), Syngenta, is now facingclass action lawsuits over its genetically modified corn (Agrisure Viptera) seeds.

The Problem

The Swiss-owned company, Syngenta, came up with a formula for corn seeds by genetically altering it to make it more resistant to crop-threatening insects such as black cutworms and corn earworms. This genetically modified corn, MIR 162, also known as Agrisure Viptera, was approved by the U.S. in 2010. However, in 2013, China rejected American corn seeds that had the MIR 162 trait, which caused turmoil in the commodity markets. The biggest mistake Syngenta made was not obtaining approval to import the corn seeds and promoting and marketing the seeds to U.S. corn farmers before it received approval for import from China.

Now, U.S. farmers in at least 14 states are now in the process of filing lawsuits against Syngenta. According to farmers who purchased, planted, and then attempted to sell the modified corn, they experienced tremendous losses. These farmers claim that Syngenta is responsible for their fiscal losses, which is the direct consequence of misrepresentation and unacceptable marketing of a product.

Syngenta Marketing

Syngenta marketed the MIR 162 corn seeds to major potential buyers, saying that Chinese approval of the seeds for import was imminent. Many of the farmers claim that Viptera was widely misrepresented in this statement and that Syngenta was aggressively promoting the product to them. However, while Syngenta promoted their corn seeds as nearly being approved, China was still profusely refusing to approve it, as well as turning around ships that were full of the corn from the U.S. In fact, China did not give their consent on this product until December of 2014.

Crop Sales Predictions

The main reason farmers bought so much of the MIR 162 corn seeds was because of the financial predictions for American corn crop sales to China. Sales were predicted to top over $1.14 billion during the 2013-2014 year. With China turning away boatloads of corn with the MIR 162 trait, and U.S. corn prices dropping down more than 11 cents less per bushel, American farmers lost billions of dollars in profit that they expected to gain.

Corn Crop Losses

The National Grain and Feed Association estimates that the U.S. corn industry experienced losses that added up to nearly 2.9 billion dollars. All fingers point to Syngenta, the Viptera corn seeds, and the complications that arose due to the bad marketing, as the direct result of the losses that farmers experienced during that time frame. America encountered a gross overproduction issue and plummeting prices of crops, which together ultimately ripped billions of dollars from the U.S. economy.

Cargill Sues Syngenta

In September of 2014, Cargill, the Minneapolis-based exporter, sued Syngenta in Louisiana for the financial losses the agribusiness giant experienced due to China’s refusal to accept the MIR 162 corn. When Cargill attempted to export their MIR 162 corn to China, the country rejected the shipment. The president of Cargill Grain & Oilseed Supply Chain North America, Mark Stonacek,said:

“Unlike other seed companies, Syngenta has not practiced responsible stewardship by broadly commercializing a new product before receiving approval from a key export market like China. Syngenta also put the ability of U.S. agriculture to serve global markets at risk, costing both Cargill and the entire U.S. agricultural industry significant damages.”

Syngenta’s Standpoint

Syngenta does not see the situation in the same light as the American farmers and Cargill Grain & Oilseed Supply Chain North America, of course. Their standpoint was publicly announced in response to Cargill’s president’s announcement. The company said that it “believes that the lawsuit is without merit and strongly upholds the right of growers to have access to approved new technologies that can increase both their productivity and their profitability.”

In other words, they are refusing to admit that they practiced bad marketing techniques in order to sell the corn seeds, but rather sold these seeds to farmers who simply wanted to try a new product. Additionally, Syngenta pointed out that other countries have approved the genetically modified corn seed for import. Finally, Syngenta stands firm that they “commercialized the trait in full compliance with regulatory and legal requirements.”

The Syngenta Argument vs. Promotion of the Product

The problem with Syngenta’s argument, however, is that China happens to be the number one country for corn imports from the U.S. Therefore, farmers are not wrong in expecting that China would be purchasing the corn crops that were grown in America. When Syngenta told farmers that China was on the verge of approving the MIR 162 seeds, it also implied that farmers could expect to reap profits from the billions of dollars in sales to China if they purchased the seeds and grew the corn.

Now that extreme financial losses have occurred for the agriculture industry, someone has to be held accountable. Think about the time that it takes just to grow corn, let alone the investment into the genetically modified corn seeds that farmers were counting on to sell with tremendous profits. If a company promotes and markets their products under false pretenses, they need to be held accountable for the consequences that occur due to the false marketing.

Holding Companies to Truthful Marketing

When product liability is considered, the safety of the product is normally the first thing consumers think about. However, it is important that we hold companies accountable for truthful marketing of their products, as well. Otherwise, companies will get away with saying whatever they want to ensure sales of their products.

In cases like this, you need anIndianapolis product liability attorney who believes that companies need to be held accountable. The attorneys at Rowe & Hamilton will help you in any product liability case and fight for the compensation you deserve.

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